The Victorian Criminal Justice System SAC 1B Flashcards
original jurisdiction
ability of courts to hear or determine a matter for the first time.
heard for the first instance
appellate jurisdiction
ability of courts to hear matters on appeal
reviewing a descion
2 reasons for a court hierarchy - CRIM
- specialization
- appeals
Specialization
developing expertise or a very thorough knowledge and experience in a particular area
- jurisdiction to determine certain cases to allow judges or magistrates will develop expertise or specialist knowledge make descion more efficiently and consistently.
Specialization
developing expertise or a very thorough knowledge and experience in a particular area
- jurisdiction to determine certain cases to allow judges or magistrates will develop expertise or specialist knowledge make decision more efficiently and consistently.
Appeals
ability to have your matter/ case heard for a second time by a more superior judge/court
the hierarchy is ranking system where indiv can take matter to a higher court
Name two specialist courts
Koori court
childrens court
Koori court
a sentencing court in mag crt, childrens court, county crt for aboriginal or torres strait islander descent if plead guilty to offence
magistrate is in charge of proceedings and makes final decision n but in presence of a koori elder to contribute during hearing
roles of the judge
- remain imparital + netural, X favour or connection to either party
- ensure law is applies correctly to the case heard
- assist a self-rep indiv in court/ direct them to dutylawyer for assistance
- X intervene unnecessarily / X prompt party to ask a question
Name the 4 responsibilities of the judge
- manage the trial
- decide on admissibiltity of evid
- attend jury matters
- handing down a sentence.
responsibilities of the judge
—> 1. manage the trial
judge ensures correct procedure is followed so that both parties have equal opp to present their case.
Give directions to parties and making orders, eg. how evid is to be given
responsibilities of the judge
–> 2. decide on admissibiltity of evid
judge decides what type of evidence can be admitted, ensuring evid is relevant to trial X prejudice opinion
responsibilities of the judge
–> 3. attend jury matters
if jurors have questions in trial can ask judge via foreperson, clarrify issues raised. Once case concluded judge summarises case to jury and explain law, identify any evid which will assit jury w final desc
responsibilities of the judge
–> 4. handing down a sentence.
crim case if found guilty/ plead guilty, the judge decides appropriate sanction following guidelines in Sentencing Act 1991 VIC
roles of the jury
remain impartial and unbasied
listen to evid and facts presented
apply law based on guidance from judge
make descion based on community values and standards.
name 4 responsibilities of jury
- listen to all evid and submissions from both parties.
- listen to the judge explain the law
- decide questions of fact
- reach and deliver a verdict.
responsibilities of jury
1. listen to all evid and submissions from both parties.
listen to all evid and sub from both parties in impartial nature and w/o bias,
determine extent to evid is the believed/ put aside prejud
responsibilities of jury
2. listen to the judge explain the law
accept/apply judge’s directions of law, follow given inst based on judge on questions of evidence, procedure and points of law
follow judges direction, if issued, to acquit the accused
responsibilities of jury
3. decide questions of fact
both parties at trial provide evidence, but jury is decider of fact
responsibilities of jury
4. reach and deliver a verdict.
jury room to deliberate abt case w jury members to discuss evidence
come to agreement based on standard of proof
magistrates court original jurisdiction
summary offences
indictable offences heard summarily
bail and warrant applications
county court appellate jurisdiciton
hear appeald from mag court on sentence ( severirty/ leinency) and convicitons
supreme court TRIAL DIV appellate jurisdiction
appeals from mag crt on point of law OR on conviction in limited circumstances
supreme court COA appellate juris
appelas from county court or sup court TD
role of the parties
The role of each party is to manage and control their case. Depending on who the parties are, they have different responsibilities.
role of legal practitioners
Legal practitioners are to undertake the role preparing and conducting the case. Legal practitioners are subject to various laws that impose duties and obligations on them. The most important duty is to the court and administration of justice. Legal practitioners cannot mislead or deceive the court, they can’t place incorrect facts before the courts. The duty to the court is over and above their duty to the client
solicitor
the role of a solicitor is to prepare the ‘brief’ for the barristers. This will entail contacting the other party and the court, preparing documentation necessary for the case, researching the necessary law and relevant precedents of previous cases, gathering evidence and ensuring all materials are ready for trial and briefing the barrister
barrister
the role of a barrister, also known as a counsel or advocate, is to represent the party in court. The primary responsibility of a barrister is to act on behalf of their client. They act as independent practitioners who take their instruction from solicitors.
responsibility of the parties
- entering a plea
accused plead guilty or not guilty, if not guilty than present evid in trial
-presenting opening/closing adress
beg pros give statement to jury abt charges of acc and based on evid they have collected/ filled //// concl pros and acc can sum up to jury
-presenting their case
pros if req to presenet to jury than all credible evid if relevant even if X support p case/ accused can present evid to prove hwy X guilty but X have too
responsibility of legal prac
- PRESNEITNG PREPARING THIER CASE
Legalpractitioners need to be prepared and familiar with their case such as which documents are to be entered into evidence and which witnesses to call + questions to ask. They are also responsible for presenting their case in the manner that has the best interest of their client. This can include examining and cross-examining witnesses + making submissions on sentencing.
2.COMPLYING W DUTY TO COURT
Legal practitioners owe a duty to the court. This means that they must act ethically and in accordance with the law, even if it means going against the client’s instructions.
5 purposes of criminal sanctions
punishment
protection
deterrence
denunciation
rehabilitation
punishment
loss / burden on the offender in a manner that is just given the circumstances of the crime committed.
hierarchy of sentencing allows various degrees of loss
protection
protection of the community agaisnt the offender (keeping the community safe), against potentially harmful actions of the offender
deterrence
discourage the offender from reoffending and the community from committing same crime
general deterrence
discourage general public from committing crimes
specific deterrence
discourage offender from particular offender reoffending
denunciation
disapproval or condemn the actions of the offence, criticize their offence publicly and demonstrate that is was wrong
rehabilitation
address the underlying causes of the offender committing the crime, establish conditions to alter and modify the behavior to abandon wrong doing and reintegrate into society.
fine
a monetary penalty for an offence, most common sanction cna be w or w/o conviction.
usually low level crim off b/c cost effective and speedy sanction.
sentencing act sets the minimum fine for a particular offence
each penalty has a unit value of $165.22 in 2019-20
community corrections order
flexible sentencing order that is given to a guilty offender, entitling them to remain in the comm whilst complying w certain conditions.
introd in 2012, from 2017 not for cat 1 or 2,
max length is 5yrs
basic condic eg not reoff, not leaving vic w/o permision, reporting to cco centre
optional conditions eg medical treatment, remain free of alcohol
if breaches cco then sentenced for orig offence potentially w ADDITIONAL 3 MONTHS IMPRIOSN, OR 30 PEANLTY UNITS
imprisonment
most serious sanction where offender is removed from society and held in custody for a defined period fo time
last resort where judge most consider all other sentencing options as per sent act
concurrent = more than one offence served at sane time
cumulative = more serious off, all terms of imprisonment are added together to form total period of impriosnmewnt
mitigating factors
evid abt offender or crime which may reduce severit or culpability of offence
eg age, disadvataged background, effects or priosn
aggravating fac
evid abt off that may lead to more severe sanction
eg violence or weapons, gravity of offence, vulnerability of victims
guilty plea
acc admits involvement w off t/f precent full trial
- sign of remorse
victim impact statements
statement filed with court containing particular ang injury, loss or damage suffered by victim as a result of offence
read out in court can infl sentencing
victim impact statements
statement filed with court containing particular ang injury, loss or damage suffered by victim as a result of offence
read out in court can infl sentencing
Three factors affecting crim justice system achieving justice
cost factors
time delays
cultural
cost factors
legal systen can be expensive t/f may limit ability of many to use the sys fairly and equally
ls = relies on parties having the best available assistance
cost based off compl of case, court , length
interviewing wit, drafitng doc, reviewing pros doc
time delays
delays occour b/c of lack of resources, time to negotiate a plea, facilities many be x working or full, overlisting cases
for acc, vic , wit delays = expensive, cause sig stress whilst waiting for case to be finalized.
if denied bai; - denied liberity
- may result in truma and hardships for victims
witness may x remeber details
- contributes to stress
cultural factos
FN
- lang barries - older fns= X strong grasp of english
cul norms= direct eye contact X accpetable so may be difficult or conflicting
Migrants
- different culture = cultural practices may be illegal or X acceptable which may lead to facing crim justie system
-experiencing truma = fear and distrust of police
Name two reforms to the crim justice system
- Client priority and capacity policy 2019; victorian legal aid
- drug court expanded in regional victoria
Client priority and capacity policy 2019 - Victorian legal aid
vla in 2019 aimed to improve the ways in which vla offers services and support those whi need them, improving efiecnecy of crim justice system
priorities services to clients by considering 3 factors:
- the priotiy characteristics relevant to the indiv
- their capacity to understand and adress legal prob
- the contect and characteristics of th elegal problem to the individual present with consideration rented and possibel service response to the problem
Drug court expanded in regional Victoria
mrch 2020, leg estab drug court division in county court of ballarat and shep. to adress drug and alcohol issues or substance related offending
- decrease reoff, improve com safety, decrease burden on courts
elibility:
- live in catchemnt area of drug crt, dependent on drugs/alcohol that contributed to offen, facing an immediate term of imprsionment not exceeding 2 yrs
- non sexual nature charges or not including bodily harm unless minor
- plead guiltu
name 2 recommeneded reforms to crim jsu
trial by judge alone
review of victorias ocmittal system
trial by judge alone
-increase fiar trial
jury may x be able to shut off prejudice, perception and focus on criminal allegations and eviidence when high media profile
x recieve fair trial if jury know allegations from media –> prejudice
review of vic comittal system
more effiecnt timely and fair process for vic, wit and acc
early identification of cases that may be det summ, encourage early guilty plea, facilitate efficent use of crt time
issues heairng to identify and potential challenges
minimize need for victims and vuln wit to testifty/ give evid mulitple times
